Los Angeles Family Lawyer Blog

Everyone has read the ads about living trusts. The major purposes for a living trust are to avoid probate and to save on death taxes. There are many other reasons such as asset protection, clarification of inheritance rights, administration of estate, guardianship and other issues. However, to utilize the trust can be tricky. For instance, the Court of Appeal, Fourth Appellate District, Division Three, rendered a decision filed on Ooctober 28, 2009, and ordered for publication on November 24, 2009, in the case of Presta v. Tepper. In that case, three partnership agreements were created with regard to real estate investments. The partnership agreements reads: Robert Tepper as Trustee for [his family trust] and Ronald Presta as Trustee for [his family trust]. The issue decided by the Court was whether or not the individual men entered into the partnership agreements or did the family trusts enter into the agreements. The Court decided that the individual men entered into the partnership agreements and not the family trusts. Therefore, the family trusts did not have any effect with regard to distribution of the partnership proceeds. If the partnership agreements had been created by Ronald Presta Family Trust and Robert Tepper Family Trust, then the Trust Agreements would hold the interests in the partnership. Why was this important? One partner had died and the widow was suing for distribution of the partnership assets. Therefore, wording can be critical in preparing these legal instruments. The Law Offices of FrazeeLaron stands ready to assist in legal instrument preparation including irrevocable trust agreements or other estate planning documents.

RoseAnn Frazee
Pasadena Family Law Attorney

The quick answer: It depends on the case. In Los Angeles Superior Court, 90121 Family law cases were filed from January-December 2008 according to the Monthly Filings and Dispositions Report prepared by the Los Angeles Superior Court Statistics Section. There are not enough family law attorneys to handle all of those cases. In addition, each case is different: (1) some parties have been married a few years when others have been married for years and years; (2) some parties have children whereas other parties never had children; (3) both parties worked in some cases but the other spouse did not work and took care of the children instead; (4) some parties have obtained assets during the marriage; others do not have very many assets; and the list goes on. Adult citizens have each their own set of problems, cultures and characteristics.

As a result, the Los Angeles Superior Court and published books provide limited self-help services for those who cannot afford an attorney or who are educated enough to understand the forms and process, can read and speak English well and can represent themselves and do not have spousal or children support or asset issues. Even then, such self-help can be fraught with danger, and the parties should be cautious.

However, many issues arise where an attorney is essential. Attorneys have many skills not available to the lay person. All family law attorneys are skilled in evidence presentation. It is important that evidence may be considered by the judge; otherwise, the evidence never gets before a judge. Family law attorneys have (1) experience with many different cases not just your one case, (2) sometimes experience before a certain judge, (3) many volumes of case law, treatises and practice guides, (4) usually have an objective view of your case rather than the emotional cloud of a party, and many more skills that a lay person cannot compete with such skills.

In addition, lay persons can be confronted with unanticipated problems and complications that a skilled attorney will see before such an event happens and can recommend remedial measures before the occurrence. Unfortunately, we have seen too many clients get harmed by unanticipated complications in which the harm has already happened, and it is oftentimes impossible or impractical for an attorney to rescue the party after the fact. Most, if not all, complicated divorces should be handled by attorneys to minimize damages to a party in this life-altering process of divorce. Give us a call for a free consultation at frazeelaron.com for more information.

RoseAnn Frazee
Pasadena Family Law Attorney

Given the complexity of family law, why do people represent themselves? Oftentimes they have no choice. Court-appointed counsel in family law matters is not a right as in criminal law. Legal services agencies in California are able to serve relatively few people who have family law issues due to funding limitations. Even then, legal service agencies serve low-income people with special requirements such as domestic violence. Sometimes even middle-class parties find it hard to secure an attorney. The average family law attorney in California charges more than $300 per hour and requires a retainer of approximately $5,000. Such families are increasingly finding themselves with no paycheck, a diminished amount of equity in their homes, and reduced savings, leaving them unable to afford high-priced attorney. Even people who start out with attorneys at the beginning of their cases often run out of money and become self-represented before their cases are over.

The Pasadena Law Offices of Frazee/Laron opened to assist the average citizen in family law matters with limited budgets. The law firm charges based upon the specific case needs and attempts to secure a settlement between the parties without expending unnecessary legal fees and costs.

RoseAnn Frazee
Law Offices of Frazee/ Laron